Photo Lab Fabrications, Inc. v. Manshul Construction Corp.

Appellate Division of the Supreme Court of New York

Photo Lab Fabrications, Inc. v. Manshul Construction Corp.

215 A.D.2d 254, 626 N.Y.S.2d 497, 1995 N.Y. App. Div. LEXIS 5318

Appellate Division of the Supreme Court of the State of New York·Decided May 18, 1995·Published·Cited by 1 cases

Opinion

Order, Supreme Court New York County (Walter Schackman, J.), entered November 1, 1994, which granted plaintiff’s motion for partial summary judgment in the amount of $345,230, unanimously affirmed, with costs.

Summary judgment was properly granted to plaintiff after it established it had substantially performed the subcontract. Defendant did not present triable issues of fact with respect to its claimed affirmative defense of contractual illegality pursuant to General Municipal Law § 103. That statute was not intended to protect independent contractors from each other in privately negotiated contracts, but was codified to protect the municipality by requiring open and competitive bidding among vendors (see, Jered Contr. Corp. v New York City Tr. Auth., 22 NY2d 187, 192-193). In any event, we note that the negotiation process was fair as defendant general contractor was able to negotiate a substantially lower price than plaintiff sub-contractor originally quoted. Concur—Ellerin, J. P., Wallach, Kupferman, Ross and Mazzarelli, JJ.

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Order, Supreme Court New York County (Walter Schackman, J.), entered November 1, 1994, which granted plaintiff’s motion for partial summary judgment in the amount of $345,230, unanimously affirmed, with costs.

Summary judgment was properly granted to plaintiff after it established it had substantially performed the subcontract. Defendant did not present triable issues of fact with respect to its claimed affirmative defense of contractual illegality pursuant to General Municipal Law § 103. That statute was not intended to protect independent contractors from each other in privately negotiated contracts, but was codified to protect the municipality by requiring open and competitive bidding among vendors (see, Jered Contr. Corp. v New York City Tr. Auth., 22 NY2d 187, 192-193). In any event, we note that the negotiation process was fair as defendant general contractor was able to negotiate a substantially lower price than plaintiff sub-contractor originally quoted. Concur—Ellerin, J. P., Wallach, Kupferman, Ross and Mazzarelli, JJ.

Photo Lab Fabrications, Inc. v. Manshul Construction Corp., 215 A.D.2d 254, 626 N.Y.S.2d 497, 1995 N.Y. App. Div. LEXIS 5318 (N.Y. Ct. App. 1995).

Pincite

215 A.D.2d 254 (Photo Lab Fabrications, Inc. v. Manshul Construction Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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